WHITEHOUSE STATION, N.J.--(BUSINESS WIRE)--Apr 27, 2012 - Merck
(NYSE: MRK), known as MSD outside the United States and Canada,
announced today that the U.S. District Court for the District of
New Jersey has ruled in Merck's favor in two jointly related patent
infringement suits against Mylan Pharmaceuticals Inc.

"The court appropriately ruled that the patent for ZETIA and
VYTORIN in the U.S. is valid and enforceable," said Bruce N.
Kuhlik, executive vice president and general counsel of Merck. The
patent at issue in this trial is RE 42,461 which covers ezetimibe,
an active ingredient in both ZETIA and VYTORIN and expires April
2017.

In its decision, the court upheld Merck's patent on ZETIA and
VYTORIN and ruled that the patent was valid and enforceable. Mylan
had admitted that its product would infringe the patent. The court
also issued an injunction blocking the approval of Mylan's generic
versions until the expiration of the patent.

Mylan had been seeking U.S. Food and Drug Administration (FDA)
approval to sell generic versions of ZETIA and VYTORIN. In December
2009, Merck filed the lawsuit against Mylan in respect of Mylan's
application to the FDA seeking pre-patent expiry approval to sell a
generic version of VYTORIN and in June 2010, Merck filed a separate
lawsuit against Mylan in respect of Mylan's application seeking
pre-patent approval to sell a generic version of ZETIA.

Today's Merck is a global healthcare leader working to help the
world be well. Merck is known as MSD outside the United States and
Canada. Through our prescription medicines, vaccines, biologic
therapies, and consumer care and animal health products, we work
with customers and operate in more than 140 countries to deliver
innovative health solutions. We also demonstrate our commitment to
increasing access to healthcare through far-reaching policies,
programs and partnerships. For more information, visit
www.merck.com and connect with us on Twitter, Facebook and
YouTube.

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statements” within the meaning of the safe harbor provisions
of the United States Private Securities Litigation Reform Act of
1995. Such statements may include, but are not limited to,
statements about the benefits of the merger between Merck and
Schering-Plough, including future financial and operating results,
the combined company's plans, objectives, expectations and
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The following factors, among others, could cause actual results
to differ from those set forth in the forward-looking statements:
the possibility that all of the expected synergies from the merger
of Merck and Schering-Plough will not be realized, or will not be
realized within the expected time period; the impact of
pharmaceutical industry regulation and health care legislation in
the United States and internationally; Merck's ability to
accurately predict future market conditions; dependence on the
effectiveness of Merck's patents and other protections for
innovative products; and the exposure to litigation and/or
regulatory actions.

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Report on Form 10-K and the company's other filings with the
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